Archives: Constitutional Law

By Chuck Peterson on February 24, 2018 Posted in Constitutional Law,Criminal Defense,Search and SeizurePeople frequently ask questions about search and seizure, particularly when the search is not conducted pursuant to a warrant. The Constitution prohibits unreasonable searches. A warrantless search is unreasonable unless an exception to the warrant requirement applies. One common exception permits an officer to conduct a limited “pat-down” search of a detained person for weapons.… Continue Reading

By Chuck Peterson on September 21, 2017 Posted in Constitutional Law,Criminal DefenseThe Idaho Supreme Court once again points out the importance of challenging line-up identifications whenever the issue arises. Many people do not understand how common such evidence is, or how often jurors rely on the identification as the basis for their decisions. Eyewitness identification evidence can destroy a defense case with little more effort than… Continue Reading

By Chuck Peterson on May 16, 2017 Posted in Assistance of Counsel,Constitutional Law,Criminal DefenseJust how far does the fourth amendment to the United States Constitution go to protect against a warrantless search of an apartment? That question was again considered this week by the First Circuit Court of Appeals in US v. Yoga Almonte-Baez, a case in which the petitioner was convicted of drug trafficking crimes and sentenced to 156 months… Continue Reading

By Chuck Peterson on July 7, 2016 Posted in Civil Rights,Constitutional Law,Crime Victims,Criminal Defense,NewsI am packing for the weekend and watching a little TV news this morning, and from that box a witness to a fatal shooting in Louisiana offered this explanation for the dramatic killing of a black man by a police officer there: “Officers threw him to the ground, got on top of him and shot… Continue Reading

By William Young on July 2, 2016 Posted in Constitutional Law,Criminal Defense,TrialsThe decision whether to waive a preliminary hearing, and give up a review of the probable cause determination, can often be a tough one for clients to make. Every client hopes a win at preliminary hearing means the whole case goes away before it really ever started. Unfortunately, the truth is the State’s burden at… Continue Reading

By Chuck Peterson on February 3, 2016 Posted in Assistance of Counsel,Constitutional Law,Criminal DefenseAfter 35 years practicing criminal defense, I am sometimes cynical about our system of justice. Prosecutors overcharge offenses in an attempt to prompt a plea from defendants. Defendants are seldom “presumed innocent” in the eyes of the arraigning judge, many of whom impose restrictions on pretrial release that are as onerous as the penalty for… Continue Reading

By Chuck Peterson on December 16, 2015 Posted in Civil Rights,Constitutional Law,News We have joined with the Spence Law Firm out of Jackson, Woming and Paul Winward of Boise to represent the family of slain Council rancher Jack Yantis. An interview discussing the case is available from Channel 7 News here. Not certain that we are really “high profile” lawyers, but I am happy we… Continue Reading

By Chuck Peterson on December 16, 2015 Posted in Constitutional Law,Criminal Defense,News,TrialsSGT. Bowe Bergdahl will stand trial for Desertion and for Misbehavior before the Enemy despite the recommendations of the officer who presided over the Article 32 Investigation that a lesser proceeding is appropriate. Bergdahl left his post, was captured by the Taliban, was held 5 years and was only released when President Obama worked some magic and… Continue Reading

By Chuck Peterson on November 6, 2015 Posted in Constitutional Law,Criminal Defense,DUI,News,TrialsIdaho’s Supremes have decided, in a 3 – 2 decision, that the line on the side of the road is actually part of the lane, so an officer unreasonably stopped a driver because he had driven onto that line twice. That decision results in suppression of the evidence needed by the State for its DUI case. The case goes… Continue Reading

By Chuck Peterson on November 24, 2014 Posted in Civil Rights,Constitutional Law,News,Politics From the Idaho Statesman tonight: "Four years ago, a report from the National Legal Aid and Defender Association found that Idaho is violating its Sixth Amendment obligations to defendants. Public defenders across the state were being given too many cases, and some defendants weren’t meeting their attorneys until they were in the courtroom. The report… Continue Reading

By Chuck Peterson on April 26, 2014 Posted in Constitutional Law,Criminal Defense,DUI,Search and Seizure Once again we see that our right to be free from unreasonable search and seizure finds too few friends in the United States Supreme Court. The issue in Navarette v. California, decided this week, was whether the fourth amendment requires an officer who receives an anonymous tip regarding a drunken or reckless driver to corroborate… Continue Reading

By Chuck Peterson on January 30, 2013 Posted in Constitutional Law,Criminal Defense,DUI,Search and Seizure Ok – I didn’t plan for this to happen again. I was going to blog every other day, or maybe three times a week. I would write about the stuff that people ask me, but then there was work. Phone calls clog my day because I violate the main rule of running my own practice,… Continue Reading

By Chuck Peterson on May 31, 2012 Posted in Civil Rights,Constitutional Law,Criminal Defense,NewsThe Supreme Court recently heard arguments surrounding two new cases up for review. Both involved the question of just how severe a penalty imposed on a juvenile offender must be in order to declared unconstitutionally cruel and unusual. The first case, Miller v. Alabama, involved a 14-year-old in Alabama who beat an older man to… Continue Reading

By Chuck Peterson on April 25, 2012 Posted in Constitutional Law,Criminal DefenseWhat if you find yourself arrested for a “minor” crime such as failing to pay child support or some variety of traffic violation? You might imagine being taken to jail but would you expect to be subjected to a strip search? Not being a drug user or a violent repeat criminal surely such activity by… Continue Reading

By Chuck Peterson on September 8, 2011 Posted in Civil Rights,Constitutional Law,Criminal Defense,DUI,Fraud,TrialsThe Sixth Amendment to the Constitution provides you with many of your most important tools at trial. It is intended to guarantee a fair trial to every person accused of a crime. Whether you are charged with DUI, a drug crime, a sex offense, fraud, manslaughter or murder, the Sixth Amendment helps us to get… Continue Reading

By Chuck Peterson on August 5, 2011 Posted in Constitutional Law,Criminal Defense,News,TrialsIn the world of "star justice," Roger Clemens’ trial for lying to Congress started out looking like "must see TV." It quickly fell apart and the court declared a mistrial based on the failure of the prosecutors to play by the rules. Only six days into the trial, and on only the second day of… Continue Reading

By Chuck Peterson on June 24, 2011 Posted in Constitutional Law,Criminal Defense,DUI In an odd combination of Justices, the United States Supreme Court has ruled that the 6th Amendment right to cross-examine and confront witnesses against you includes the right to question the lab analyst who tested your breath for alcohol in a DUI case. Justices Ginsberg, Scalia, Sotomayor, Thomas and Kagan joined in the majority opinion… Continue Reading

By Chuck Peterson on September 9, 2010 Posted in Constitutional Law,Crime Victims,Criminal Defense A recent Idaho Court of Appeals decision addresses an issue often raised by clients facing a restitution order following conviction or entry of a plea of guilty to a crime. In State v. Blair, a woman who had been convicted of stealing money from her employer objected to the amount of restitution the court determined she… Continue Reading

By Chuck Peterson on March 28, 2010 Posted in Constitutional Law,Criminal Defense,DUI,Search and Seizure A recent Idaho Court of Appeals decision follows recent United States Supreme Court precedent, allowing a search of a car incident to arrest, even if the defendant is in custody at the time of the search, and unable to reach into the vehicle at the time of the search. The Idaho case is State v.… Continue Reading

About

I am Boise, Idaho criminal defense and DUI attorney Chuck Peterson, and for over thirty years I have been a practicing trial lawyer. I focus on providing the best defense possible to my clients facing criminal charges, and trying the...